ESG Pulse - Spring 2025
Written By
Partner
Germany
I am an expert in the field of trademark law, for all questions concerning advertising and unfair competition law, copyright law and trade secrets. In the field of advertising law, I regularly provide guidance on questions of environmental advertising.
Partner
Netherlands
I am a partner in our NL office, based in The Hague, where I was one of its founding lawyers in 2001.
Partner
Italy
As a partner in our Finance & Financial Regulation Group in Milan, I am a specialist in the regulation of financial markets, with extensive experience in asset management and financial services.
Welcome to the quarterly edition of our ESG Pulse newsletter by Bird & Bird.
ESG factors are reshaping the legal and regulatory landscape as responsible practices become essential to long-term success. ESG Pulse is our international platform for staying ahead, featuring the latest ESG developments and practical insights across our practice areas and sector groups. We're here to keep you informed and confident in navigating ESG.
Updates from our international network
New EU regulation to ban forced labour
Pauline Kuipers, Dr. Kathrin Kruse, Sander Wagemakers
In 2021, an estimated 27.6 million people worldwide were affected by forced labour, primarily in the private sector in the textile, mining, agricultural and service industries (see ILO, IOM UN Migration, Walk free: Forced Labour and Forced Marriage – Global Estimates of Modern Slavery). To counteract this, the European Commission has launched the ‘EU Regulation 2024/3015 to Prevent Forced Labour’. This regulation came into force on 13 December 2024 and will be fully and bindingly applicable in all EU Member States as of 14 December 2027.
Stopping the clock on CSRD and CSDDD: what does simplification mean for doing business in the EU?
Pauline Kuipers, Dr. Michael Jünemann, Dr. Matthias Spilker, LL.M, Sander Wagemakers, Felix Schmidtke, Timo Förster
The Omnibus Simplification, published by the European Commission on 26 February 2025, proposes numerous amendments to the current text of the ‘Corporate Sustainaibliy Reporting Directive 2022/2464’ (CSRD) – which, in turn, amends the Annual Accounting Directive 2013/34 – , the ‘Corporate Sustainability Due Diligence Directive 2024/1760’ (CSDDD/CS3D), and provides for adjustments to the ‘Taxonomy Regulation 2020/852’(EU Taxonomy).
Omnibus I – Simplifying or overhauling the EU’s Sustainability Regime?
Pauline Kuipers, Dr. Michael Jünemann, Sander Wagemakers, Timo Förster
After months of anticipation and leaks to the press, the new European Commission presented its so-called Omnibus I Proposal for simplifying and easing the ESG reporting obligations on 26 February 2025.
The Omnibus I Proposal encompasses a 2-track approach by providing two separate legal proposals for two amending both CSRD and CSDDD.
AI & the Workplace: Navigating Prohibited AI Practices in the EU
Chloé Van Der Belen
AI is reshaping workplaces, enhancing efficiency, and driving innovation. However, as its role expands, so does the need for robust regulatory safeguards to ensure its responsible use.
The evolution of the concept of personal data: Are we entering the era of relative personal data?
Within the data protection community, the conventional interpretation of 'absolute personal data' has long been a generally agreed-upon concept. This consensus has also withstood in circumstances where the information required to make an individual 'identifiable', either directly or indirectly, is possessed by a party other than the one processing the personal data. It has been recognised that the definition of 'personal data' might be context-specific, varying for each data controller involved.
EU: Ecodesign – What’s Next for Sustainable Fashion and Furniture?
The EU’s Ecodesign for Sustainable Products Regulation (“ESPR”) targets textile and furniture as two of the priority industries for introducing new rules to improve the environmental sustainability of any products placed on the EU market. The ESPR sets standards and introduces new measures like the Digital Product Passport and a ban on unsold consumer products.
Children and Digital Technology: Balancing Protection and Rights
Oriane Zubcevic, Sacha Bettach
Children are increasingly immersed in digital technology. Today, one in three internet users worldwide is a child, highlighting significant challenges regarding personal data protection and the safeguarding of minors’ rights.
In the European Union, each Member State sets the age at which minors can independently consent to the processing of their personal data. In France, this age is 15. However, minors under 18 do not have the legal capacity in France to enter into contracts, except for routine acts of daily life.
A First Hint of the Omnibus Proposal, Simplification or Streamlining?
Pauline Kuipers, Sander Wagemakers
European Commission’s president Von der Leyen announced in her press conference of 8 November 2024 at the Budapest Conference a so-called ‘omnibus proposal’ to simplify the requirements under the Corporate Sustainability Reporting Directive 2022/2464 (CSRD), the Corporate Sustainability Due Diligence Directive 2024/1760 (CSDDD/CS3D), and the EU Taxonomy Regulation 2020/852 (Taxonomy Regulation) with the aim of reducing the administrative burden on companies.
EU: The new Right to Repair Directive – How does it interact with IPRs?
Henri Kaikkonen, Jennika Sucksdorff
The Directive (EU) 2024/1799 on Common Rules Promoting the Repair of Goods, more commonly known as the Right to Repair Directive (“Directive”) entered into force on 30 July 2024.
The new rules have brought changes for manufacturers, distributors and consumers, as the EU continues pursuing its ongoing goal to promote more sustainable consumption. This time, the focus is on introducing rules to extend the lifetime of consumer products through increased repair and reuse of products.
European Court of Human Rights sets limits to the right to strike and industrial action
Pieter De Koster, Cecilia Lahaye
In a chamber judgment of 16 January 2025, the European Court of Human Rights (‘the Court’) held, unanimously, that Article 11 (freedom of assembly and association) of the European Convention on Human Rights had not been violated by the criminal conviction of trade union officials in Belgium in the context of offences committed on the occasion of a general strike.
The EU’s 2025 Stance on ESG & Sustainability: “Yes. But …”
At the Budapest meeting of November 2024, EU Commission President Ursula von der Leyen announced the publication of an omnibus’ regulation, i.e. a single set of rules on existing and currently often overlapping corporate sustainability reporting requirements. By streamlining these obligations, the Commission seeks to alleviate red tape and other regulatory burdens on companies, thus enabling them to focus on innovation and development rather than being swamped by compliance duties.
ESG Focus – Introduction to the UK Energy Savings Opportunity Scheme (ESOS)
The volume and variety of ESG regulations aimed at shifting corporate behaviour, increasing transparency and monitoring compliance continues to increase worldwide. These evolving regulatory requirements create a growing risk of non-compliance but also present opportunities for operational improvements and costs savings.
Hong Kong: Raising the Bar for Corporate Governance – The Implications of HKEX’s Proposed Amendments to the Corporate Governance Code
David Cheng, Vincent Chan, Philip Chui, Kevin Wu
On 14 June 2024, the Stock Exchange of Hong Kong Limited (“HKEX”) published a consultation paper seeking market feedback on a series of proposed enhancements to the Corporate Governance Code (the “CG Code”) and the related Rules Governing the Listing of Securities on the HKEX (“Listing Rules”). These changes are aimed to address gaps in governance practices and to improve the corporate governance of listed companies in Hong Kong.
How will the EU's Ecodesign Regulation update affect you?
On 28 June 2024, the European Commission has published the new Ecodesign Regulation 2024/1781 (“ESPR”). The ESPR replaces the previous Ecodesign Directive and will lead to new, stricter obligations on companies, covering the entire life cycle of a product.
European Accessibility Act: is it time to update your websites, products & services to meet Europe’s accessibility requirements?
From 28 June 2025, new requirements will apply across the European Union concerning the accessibility of some products and services for persons with disabilities. Directive (EU) 2019/882 (the European Accessibility Act or EAA) introduces these changes with the aim of harmonising accessibility requirements for consumers across the EU's internal market. It follows the ratification of the EU and all Member States of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
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